[Code 1955, § 7-1.2; amended 8-7-2002 by Ord. No.
1345; Ord. No.
1390, 6-2-2004; 5-14-2014 by Ord. No. 1628; 1-17-2018 by Ord. No. 1713; 5-12-2021 by Ord. No. 1793; 7-21-2021 by Ord. No.
1798; 11-2-2022 by Ord. No. 1828]
(a)
No person shall engage in the operation, conduct or carrying on of
any trade, profession, business or privilege for which any license
or permit is required by any section of this Code without first obtaining
such a license or permit from the City, in the manner and from the
City officer required by this chapter, or by the provision of this
Code requiring such license or permit. Persons not previously licensed
under any provision of the Code of the City of Holland (1955) or any
other ordinance of the City and who are required by the provisions
of this Code to obtain a license or permit shall apply for the same
within 21 days after the effective date (June 23, 2004) of this ordinance
amendment.
(b)
The following trades, professions, businesses or privileges are required
to obtain a license or permit pursuant to the chapters of this Code
as referenced below:
[Code 1955, § 7-1.4]
Unless otherwise provided in the provisions of this Code requiring
a license, the City Clerk shall be the licensing authority of the
City. Unless so provided, applications for licenses from the City
shall be made to the City Clerk, upon forms provided by him or her,
and licenses shall be issued by him or her, subject to the conditions
set forth in this chapter. All statements of fact in the application
shall be made upon oath or affirmation.
[Code 1955, § 7-1.22]
The City Clerk shall keep a record of all applications for licenses
filed with him or her, indicating thereon whether the license applied
for in each case has been granted or withheld, and, if withheld, the
reason therefor.
[Code 1955, § 7-1.3]
No license shall be granted or delivered until the applicant
therefor has complied with all the required conditions precedent to
its issuance.
[Code 1955, § 7-1.15]
No applicant to whom a license has been refused or whose license
has been revoked shall make further application for a license for
at least six months after such last previous rejection or revocation,
unless he or she can show, to the satisfaction of the City Clerk,
that the reason for such rejection or revocation no longer exists.
[Code 1955, § 7-1.5; Ord. No. 865]
(a)
The City Clerk may refer any application for a license to the Chief
of Police, the Fire Chief, the Building Inspector or the Health Officer,
or to any two or more of them, for an investigation and recommendation
on matters pertaining to the public safety, health or welfare which
are or may be involved in the exercise of the license applied for,
and the City Clerk may require the giving of fingerprints and such
other information as may be necessary to establish the identity of
the applicant.
(b)
The City Clerk shall refer an application for a license to the City
Treasurer for review. The City Treasurer shall report to the City
Clerk whether the applicant owes any personal property taxes to the
City which are due and unpaid for the activity or business establishment
to be licensed.
[Code 1955, § 7-1.6]
Unless otherwise provided in the provision of this Code requiring
a license, the license year of the City shall begin on May 1 in each
year and shall terminate on April 30 of the following calendar year.
Each license granted under the provisions of this Code shall expire
on the next succeeding April 30; provided, that any annual license
issued between March 30 and April 30 of any year shall expire on April
30 of the calendar year next following the issuance thereof. In all
cases where the provisions of this Code permit the issuance of licenses
for a period of less than one year, any license so issued shall become
effective on the date of the issuance thereof.
[Code 1955, § 7-1.7]
No license required by any provision of this Code shall be issued
to any person who is required to have a license or permit from the
state until such person shall submit evidence that he or she has secured
or has made application for such state license or permit.
[Code 1955, § 7-1.19]
Except for a reasonable time after the loss or destruction thereof,
no person to whom a license has been granted shall fail to carry such
license upon his or her person when engaged in the operation, conduct
or carrying on the trade, profession, business or privilege for which
the license was granted; except, that where such trade, profession,
business or privilege is operated, conducted or carried on at a fixed
place or establishment, or from or in a vehicle, such license shall
be exhibited at all times in some conspicuous place in such place,
establishment or vehicle. No person shall fail, except within a reasonable
time after the loss or destruction thereof, to produce any license
granted by the City when requested to do so by any City police officer,
health officer or City inspector or by any person representing the
issuing authority.
[Code 1955, § 7-1.12]
No person shall display any expired license or any license for
which a duplicate has been issued.
[Code 1955, § 7-1.8]
Each license certificate and permit issued by the City shall
be and shall remain the property of the City and no person shall alter
or deface the same.
[Code 1955, § 7-1.11; Ord. No. 1069, 10-7-1992]
No license or permit shall be issued under this Code except
upon payment of the fees as established by a resolution adopted by
City Council; provided, that no license or permit fee shall be required
from any person who is exempt from such fee by any provision of state
or federal law. Such persons shall comply with all other provisions
of this chapter and of the chapter requiring the license for which
such fee is required. In the event that a license or permit is denied
to any applicant, a portion of the fee paid by him or her as established
by a resolution adopted by City Council, shall be refunded.
Whenever any annual license is applied for and issued between
October 31 and March 30, the fee therefor shall be 1/2 of the annual
fee for such license; provided, however, that no annual license fee
of $5 or less shall be so prorated.
[Code 1955, § 7-1.10; Ord. No. 866; Ord. No. 1069, 10-7-1992; Ord. No. 1494, 3-5-2008]
(a)
Applications for the renewal of any license or food service permit
("permit") shall be considered to be and shall be treated in the same
manner as an original application for such license or permit.
(b)
If a licensee files an application to renew a license or permit issued
by the City on or after May 1, or fails to pay the applicable license
or permit fee on or before May 1, the City Clerk shall not renew the
license or permit until the applicant pays an administrative late
fee as established by a resolution adopted by City Council to the
City Treasurer for each license or permit to be issued. Persons who
are not conducting business within the City for an activity or business
establishment to be licensed shall not be subject to the administrative
late fee upon subsequent timely application for a license or permit.
(c)
The City Clerk shall not renew a license or permit if the applicant
owes any personal property taxes, license fees, food service permit
fees, or administrative late charges to the City which are due and
unpaid.
[Code 1955, § 7-1.13]
A license issued by the City shall not be transferable, unless
specifically authorized by the provisions of this Code requiring it,
and then only in accordance with such provisions.
[Code 1955, § 7-1.14]
Except as otherwise provided in this Code, no person shall permit
by lease or otherwise any other person to use or employ any license
issued to him or her by the City.
[Code 1955, § 7-1.21]
Any person holding a license under any provision of this Code
may obtain a duplicate copy of such license in case the original has
been lost, destroyed or so worn or soiled as to be partially or wholly
illegible.
No such duplicate copy shall be issued until the licensee shall
return the original to the City Clerk, or file an affidavit with the
City Clerk to the effect that such license has been destroyed or lost.
Any duplicate license issued shall be plainly marked on its face,
"Duplicate."
[Code 1955, § 7-1.16]
Any license required by this Code may be suspended, or the renewal
thereof refused, by the issuing officer for misrepresentation of any
material fact in the application for such license. Any license may
be suspended by the officer who is responsible for the enforcement
thereof for any good cause. Such officer shall notify the issuing
officer of each such suspension and of the reinstatement of such license
upon the termination of such suspension. Any license may be revoked
by the Council for any good cause. No license fee shall be refunded
to any licensee in case of the revocation or suspension of a license
for good cause. The term "good cause," as used in this section, shall
mean any act, omission or the permitting of a condition to exist,
with respect to the license in question, which is:
(a)
Contrary to the health, morals, safety or welfare of the public;
(b)
Unlawful or fraudulent in nature;
(c)
A violation of the chapter under which the license was granted;
(d)
Beyond the scope of the license issued; or
(e)
A fact, circumstance or condition which, had it existed or been known
to the issuing authority at the time the license was granted, would
have been sufficient grounds for the refusal thereof.
[Code 1955, § 7-1.17; amended 5-12-2021 by Ord. No. 1793]
(a)
Notice of suspension. When the enforcing or issuing officer determines to suspend a license of a type described in Section 17-1(b) of this Code or a permit issued under this Code, the enforcing or issuing officer shall give written notice to the licensee at least five days prior to the effective date of the suspension.
(b)
Content of notice. The notice of suspension shall advise the licensee or permit holder of their right to have an administrative hearing. A notice of suspension shall also advise the licensee or permit holder of the duration of the suspension, the reasons for the suspension and any conditions required to terminate the suspension. The notice shall be given to the licensee or permit holder pursuant to Section 1-6 of this Code.
(c)
Request for hearing. If the licensee or permit holder files a written
request for a hearing with the City Clerk within five calendar days
after notice of suspension is given, the suspension shall not take
effect before the conclusion of an administrative hearing. If the
licensee or permit holder does not request a hearing within five calendar
days after notice is given, the license or permit shall be deemed
suspended without further notice.
(d)
Hearing. If the licensee or permit holder requests a hearing, an
administrative hearing will be conducted and decided by the Assistant
City Manager. The enforcing or issuing officer has the burden to establish
grounds for a suspension or revocation. If the Assistant City Manager
upholds the decision to suspend the license or permit, the enforcing
or issuing officer shall immediately suspend the license or permit.
(e)
Imminent danger. A prior administrative hearing is not required if,
in the opinion of the enforcing or issuing officer, there is an imminent
and serious danger to the health or safety of any persons. In such
case, a post-suspension hearing shall be conducted as soon as practical
after notice of the license or permit suspension.
(f)
Revocation of license or permit. No license or permit under this
Code shall be revoked except after a hearing before the Council following
not less than 10 days' written notice to the licensee or permit holder
stating the time and place of such hearing and setting forth the reasons
for revocation.
[Code 1955, § 7-1.18; amended 7-26-2016 by Ord. No. 1673]
An applicant for any license who has been refused a license or the renewal of a license for any reason by the authorized issuing officer or whose license has been suspended, unless an appeal is provided to another agency by this Code or by state law, may appeal such refusal or suspension to the Council by setting forth all of the facts in a written petition and filing the same with the City Clerk within five days after such refusal. The Council shall grant a hearing to the applicant, upon the same notice as is required by Section 17-19. The decision of the Council on such appeal shall be final.
[Code 1955, § 7-1.9]
Acceptance by any person of a license granted by the City under
this Code shall constitute permission to any officer of the City,
within the authority granted him or her by the section of this Code
under which such license was granted, to enter upon and inspect the
licensed premises at all reasonable times.
[Code 1955, § 7-1.1]
Except as otherwise specifically provided in this Code, the
term "licensee" shall mean and include any person to whom a license
has been issued under any provision of this chapter and the employees
or agents of such person.
